# EUR-Lex - 52013PC0101 - EN

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# 52013PC0101

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee, concerning an amendment to Annex II to the EEA Agreement /* COM/2013/0101 final - 2013/0061 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal
security and homogeneity of the Internal Market, the EEA Joint Committee is to
integrate all the relevant EU legislation into the EEA Agreement as soon as
possible after its adoption.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint
Committee (annexed to the proposed Council Decision) aims to amend Annex II
(Technical regulations, standards, testing and certification) to the EEA
Agreement in order to incorporate Commission Implementing Regulation (EU) No
788/2012 of 31 August 2012 concerning a coordinated multiannual control
programme of the Union for 2013, 2014 and 2015 to ensure compliance with maximum
residue levels of pesticides and to assess the consumer exposure to pesticide
residues in and on food of plant and animal origin.

Regulation (EC) No 1213/2008 concerning a
coordinated multiannual Community control programme for pesticide residues
2009-2011 is incorporated into the EEA Agreement with certain adaptations for
the EEA EFTA States.

These adaptations should be carried over to
Regulation (EU) No 788/2012.

The adaptations concern the number of
pesticides to be monitored by Iceland and the number of samples of each product
to be taken and analysed by Iceland and Norway. They take into account, in
particular, the limited laboratory capacity for pesticide residue analysis in
Iceland.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision
of the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2013/0061 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union, in the EEA Joint Committee, concerning an amendment to
Annex II to the EEA Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Articles 43 (2) and 168 (4)( b), in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The Agreement on the
European Economic Area[2]
(“the EEA Agreement”) entered into force on 1 January 1994.

(2)       Pursuant to Article 98 of
the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex
II thereto.

(3)       Annex II to the EEA
Agreement contains specific provisions and arrangements concerning technical
regulations, standards, testing and certification.

(4)       Commission Implementing
Regulation (EU) No 788/2012 of 31 August 2012 concerning a coordinated
multiannual control programme of the Union for 2013, 2014 and 2015 to ensure
compliance with maximum residue levels of pesticides and to assess the consumer
exposure to pesticide residues in and on food of plant and animal origin[3] is to be incorporated into the
EEA Agreement.

(4)       Commission Regulation (EC)
No 1213/2008 of 5 December 2008 concerning a coordinated multiannual Community
control programme for 2009, 2010 and 2011 to ensure compliance with maximum
levels of and to assess the consumer exposure to pesticide residues in and on
food of plant and animal origin is incorporated into the EEA Agreement with
certain adaptations for the EEA EFTA states.

(5)       Those adaptations should
be carried over to Regulation (EU) No 788/2012. They concern the number of
pesticides to be monitored by Iceland and the number of samples of each product
to be taken and analysed by Iceland and Norway.

(6)       Annex II to the EEA
Agreement should therefore be amended accordingly.

(7)       The position of the Union
in the EEA Joint Committee should be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of
the European Union, in the EEA Joint Committee on the proposed amendment to Annex
II to the EEA Agreement shall be based on the draft Decision of the
EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

Annex

Draft

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Annex II (Technical regulations, standards, testing and certification) to the
EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,

Whereas:

(1)
Commission Implementing Regulation (EU) No
788/2012 of 31 August 2012 concerning a coordinated multiannual control
programme of the Union for 2013, 2014 and 2015 to ensure compliance with
maximum residue levels of pesticides and to assess the consumer exposure to
pesticide residues in and on food of plant and animal origin[4] is to be incorporated into the
EEA Agreement.

(2)
Commission Implementing Regulation (EU) No
788/2012 repeals Commission Regulation (EU) No 1274/2011[5], which is incorporated into the
EEA Agreement, and which is consequently to be repealed under the EEA
Agreement.

(3)
This Decision concerns legislation regarding
foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein
as long as the application of the Agreement between the European Community and
the Swiss Confederation on trade in agricultural products is extended to
Liechtenstein, as specified in the introduction to Chapter XII of Annex II to
the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.

(4)
Annex II to the EEA Agreement should therefore
be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Chapter XII of Annex II to the EEA
Agreement shall be amended as follows:

1.           The text of point 68 (Commission
Regulation (EC) No 1274/2011) is deleted.

2.           The following is inserted after
point 71 (Commission Regulation (EU) No 378/2012):

‘72.   32012 R 0788: Commission
Implementing Regulation (EU) No 788/2012 of 31 August 2012 concerning a coordinated
multiannual control programme of the Union for 2013, 2014 and 2015 to ensure
compliance with maximum residue levels of pesticides and to assess the consumer
exposure to pesticide residues in and on food of plant and animal origin (OJ L
235, 1.9.2012, p. 8).

The provisions of the Regulation shall, for the
purposes of this Agreement, be read with the following adaptations:

(a)     The following shall be added in
Article 1:

“Iceland may for the years 2013, 2014 and 2015
continue to sample and analyse for the same 61 pesticides as monitored in
foodstuffs on its market in 2012.”

(b)     The following
shall be added in point 5 of Annex II:

“

IS || 12 (*) 15 (**)

NO || 12 (*) 15 (**)

”’

Article 2

The texts of Regulation (EU) No 788/2012 in
the Icelandic and Norwegian languages, to be published in the EEA Supplement to
the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on ,
provided that all the notifications under Article 103(1) of the EEA Agreement
have been made*.

Article 4

This Decision shall be published in the EEA
Section of, and in the EEA Supplement to, the Official Journal of the
European Union.

Done at Brussels, .

For
the EEA Joint Committee

The
President
                                                                       
                                                                       
                                                                        The
Secretaries
                                                                        to the
EEA Joint Committee

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               OJ L 1, 3.1.1994, p. 3.

[3]               OJ L 235, 1.9.2012, p. 8.

[4]               OJ L 235, 1.9.2012, p. 8.

[5]               OJ L 325, 8.12.2011, p. 24.

*               [No constitutional requirements indicated.]
[Constitutional requirements indicated.]